Assessing an ARC application
For one reason or another you may have been issued a removal order. This could be a Departure Order, an Exclusion Order, or a Deportation Order. In some cases you may be eligible to apply for an Authorization to Return to Canada. This Authorization will grant you permission to remain in Canada after you have been issued a removal order.
The Authorization to Return to Canada should not be thought of as a means to overcome a removal order. Rather, if you have a justifiable reason, merits, and a compelling case to return to Canada, an immigration officer has the discretion to assess your circumstances and, if justifiable, issue you an Authorization to Return to Canada.
When assessing your case to see if you should be granted an Authorization to Return to Canada, you must demonstrate that there are compelling reasons for you to stay in Canada that outweigh the reasons you were initially issued a removal order. You must also show that you do not pose a significant risk to Canada or Canadians.
- Factors that Will be Considered for Issuance of an Authorization to Return to Canada (ARC)
- When you submit an application for an Authorization to Return to Canada, the immigration officer will consider several factors. Some of the factors that an officer will consider when making their assessment are the following:
- The severity of the Immigration and Protection Act or Regulation violation that led to the removal order
- Your history of cooperation with Citizenship and Immigration Canada. This assessment will involve the following questions: Are there any previous immigration warrants?
- Did you fail to appear to any hearing or removal?
- Did you comply with the terms and conditions of the documents issued by Citizenship and Immigration Canada?
- Did you pay for the removal costs?
- Were you removed by an escort?
In addition to the above factors, the immigration officer will also assess your need to return to Canada, or why you want to return to Canada. In making this assessment for authorization, the officer will consider the following factors:
- Are there any compelling or exceptional circumstances?
- Are there any alternative options available to you that would not involve you returning to Canada?
- Are there factors that make your presence in Canada compelling? For example, your job, family ties, temporary attendance at an event, or economic contribution?
- Can your support yourself financially?
- How much time has passed since the event that led to the removal order?
- How long do you intend to stay in Canada?
- Are there tangible or intangible benefits that may accrue to Canada or to you?
When applying for an Authorization to Return to Canada, you may ask yourself, what is a compelling enough reason for an officer to allow me to return to Canada. Some examples of compelling reasons are:
- Marriage to someone residing in Canada
- Attending a funeral of a family member
- Acceptance into a Provincial Nominee Program
However, if an immigration officer considers your return to Canada to pose a safety risk to Canadians or Canadian society, this concern will likely override any other factor.
At Akrami & Associates, we have the expertise to put together a strong and compelling application for an Authorization to Return to Canada that has the highest chance of success.
Tags: ARC, Assessing an Authorization to Return to Canada application, Authorization to Return to Canada ARC, Immigration Lawyer
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